Collaborative Practice for Civil matters

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How Collaborative Practice can help in business and other disputes and decision making.

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Collaborative Practice for Civil matters

  1. 1. IF YOU’RE LOOKING FOR AN ALTERNATIVE TO LITIGATION, YOU’RE NOT ALONE. A different way to resolve civil disputes. C C O L L A B O R AT I V E P R AC T I C E Resolving Disputes Respectfully.
  2. 2. INTRODUCING COLLABORATIVE PRACTICE A SOLUTION— ORIENTED APPROACH FOR DISPUTES AFFECTING: • Businesses • Partnerships • Employment Issues • Probate & Estate Matters • Medical Malpractice • Non-profit Organizations
  3. 3. A CLIENT- CENTERED INTEREST-BASED APPROACH.
  4. 4. C Collaborative Practice. It begins with something both sides can agree on: settlement by design. Disputes affecting businesses, partnerships, employment issues, medical malpractice and probate and estate matters are financially and emotionally disruptive for all parties. Litigation often adds to this by creating entrenched positions, damaging or severing relationships and imposing solutions that are not effective or responsive to the needs of the parties. But it doesn’t have to be this way. A growing number of professionals including, lawyers, financial consultants and coaches have sought a more constructive alternative. These professionals have developed the Collaborative Practice model. Collaborative Practice is a reasonable approach to dispute resolution based upon these principles: • A commitment by the parties and their attorneys to resolve their dispute outside the court system • A process that intentionally pursues settlement from the outset • An open, honest, yet confidential exchange of relevant information by the parties • A approach that focuses on the interests of the parties. Parties will have disputes, but that does not prevent them from working through the dispute together in a process of interest-based negotiation, seeking responsive solutions. Mutual respect is fundamental to the collaborative way. This process is focused on the interests of the parties, not their positions. The results of the Collaborative Process are more productive discussions, more creative negotiations and a greater likelihood of reaching a meaningful agreement.
  5. 5. ACHIEVING A HIGH QUALITY AGREEMENT. Collaborative Practice focuses on attaining resolution. The collaborative process emphasizes identification of suitable solutions to your dispute. Instead of the airing of grievances and the polarizing of parties against each other, Collaborative Practice creates a vehicle and an environment to help parties reach a superior settlement by building on areas of mutual agreement. TEAMWORK. Conflict resolution involves many considerations from financial issues to public image to future relationships. Managing the process of dispute resolution is challenging and time consuming. When necessary, Collaborative Practice offers you a team approach. You and your lawyer work as a team along with other professionals including financial consultants, coaches and other specialists as needed. Scheduling is on the parties’ terms. Your team will work together to streamline the process, control costs, and craft constructive solutions for the range of issues associated with your dispute. A FOCUS ON THE FUTURE. Disputes can be resolved without burning bridges or severing key relationships, which is especially important when long-term responsibilities and connections remain after the dispute is resolved. By preserving respect, encouraging cooperation and working together to develop options and workable solutions, Collaborative Practice preserves the health and continuity of important relationships. To find lawyers and other professionals trained in Collaborative Practice in your area, call the collaborative professional whose contact information is shown on the attached business card.
  6. 6. A PLEDGE TO COLLABORATE. With Collaborative Practice, the goals are to solve problems mutually and privately, preserve key relationships and prevent a draining and costly court battle. The key difference between Collaborative Practice and conventional litigation is the commitment to reach an agreement without going to court. The parties keep control of the process and the decisions, rather that giving them up to a judge or jury. In order to accomplish this, all of the parties make a commitment not to seek court intervention, to stay in the negotiation process and to focus on settlement by design from the onset. OPEN COMMUNICATION. Even under the best of circumstances, a dispute can strain communication between parties. Yet keeping the lines of communication open is essential for agreement. Collaborative Practice provides for face-to-face meetings among the parties with their respective lawyers and other advisers and neutral experts as needed. These sessions are intended to produce an honest exchange of relevant information and expression of priorities and expectations. When the issues are openly discussed, problem solving can be direct and solution oriented.
  7. 7. COLLABORATIVE PRACTICE IN BUSINESS DISPUTES Conflicts between business interests are a fact of doing business. However, expensive, lengthy, and often damaging litigation is not the only way of resolving disputes. Parties in business disputes can utilize options that may be better suited to meeting their business interests and needs than traditional litigation. Collaborative Practice is an efficient, viable option to an adversarial, cumbersome court process over which parties have little control. Our research has indicated that what matters most to parties in business disputes is the efficiency of the resolution process: cost efficiency, speed, preservation of important relationships, minimal loss of productivity and disruption of the workplace and no reputational damage. Collaborative Practice responds to these efficiency-based concerns by offering the parties to a business conflict a process that is designed to be less expensive, faster, less taxing on resources and more mindful of preserving relationships than litigation. Collaborative Practice by design focuses immediately on resolution through negotiation; on meeting the real interests and needs of the parties. This is different from litigation, an adversarial, positional process which is designed to prepare for resolution by trial. Every minute and every part of the Collaborative process is spent on reaching settlement and resolution and not on anything else. Collaborative Practice brings the parties involved in the dispute to the table where, with the assistance and advocacy of their collaborative lawyers, clients take an active role in negotiation, problem-solving and creating their own solutions. The resulting agreements are tailored to meet the business needs of the parties involved. Further, because it is not adversarial in nature, Collaborative Practice utilizes resources more effectively. Rather than each party having to hire its own experts, the Collaborative process is designed for the parties to use only one independent and neutral expert whose purpose is to serve the needs of both parties. Experts become professional resources for both parties' benefit, as well as for the process of resolution and settlement. Now you have a choice. The choice is one that focuses on settlement by design, a process in which all efforts are geared from the outset on coming up with the best solutions for the parties, rather than an adversarial positional battle. That choice is Collaborative Practice. Collaborative Practice can be used effectively in business matters including contract disputes, wrongful termination, retaliation, wage and hour issues, business dissolution or reorganization, restrictive covenants, construction disputes, and other forms of business disputes. www.collaborativepractice.com International Academy of Collaborative Professionals
  8. 8. COLLABORATIVE PRACTICE IN EMPLOYMENT CASES While conflicts within the workplace may often be inevitable, how employers and employees choose to resolve their disputes is within their control. Parties in an employment dispute have options that may be better suited to meeting their interests and needs than traditional litigation. Collaborative Practice is one of these options. Our research has indicated that what matters most to parties in an employment dispute is the efficiency of the resolution process: cost efficiency, speed, preservation of important relationships, minimal loss of productivity and disruption of the workplace and no reputational damage. Collaborative Practice responds to these efficiency-based concerns by offering a process that is designed to be less expensive, faster, less taxing on resources and more mindful of preserving relationships than litigation. Collaborative Practice by design focuses immediately on resolution through negotiation; on meeting the real interests and needs of the parties. This is different from litigation, an adversarial, positional process which is designed to prepare for resolution by trial. Because of this key difference in process, every minute and every part of the Collaborative process is spent on reaching settlement and resolution and not on anything else. Collaborative Practice brings the people involved in the dispute to the table where, with the assistance and advocacy of their collaborative lawyers, clients take an active role in negotiation, problem-solving and creating their own solutions. The resulting agreements are tailored to meet the needs of the persons involved. Further, because it is not adversarial in nature, Collaborative Practice utilizes resources more effectively. Rather than each party having to hire his or her own experts, the Collaborative process is designed for the parties to use only one independent and neutral expert whose purpose is to serve the needs of both parties. Experts become professional resources for both parties' benefit, as well as for the process of resolution and settlement. Now you have a choice. The choice is one that focuses on settlement by design, a process in which all efforts are geared from the outset on coming up with the best solutions for the parties, rather than an adversarial positional battle. That choice is Collaborative Practice. Collaborative Practice can be used effectively in employment matters including disability or religious accommodation, wrongful termination, retaliation, breach of contract, wage and hour issues, discrimination, sexual harassment and other forms of workplace conflicts. www.collaborativepractice.com International Academy of Collaborative Professionals
  9. 9. COLLABORATIVE PRACTICE IN THE HEALTHCARE INDUSTRY Relationships between patients and healthcare providers may become strained when there are unexpected outcomes. Fearful, emotional patients and families often run up against “a wall of silence” when they ask what happened and why. Doctors grieve too; those who want to explain and offer sympathy and an apology are usually told to say nothing by their malpractice carriers and lawyers. When patients don't get the answers they want and deserve, they become angry and suspicious. They think they have no choice but to file a lawsuit. However, expensive, lengthy, and often damaging litigation is not the only way of resolving disputes. Parties in healthcare disputes can utilize Collaborative Practice, an efficient, viable option to a the traditional adversarial, cumbersome court process over which parties have little control. What matters most to parties in healthcare disputes is satisfying a patient's need for resolution sooner, minimizing the healthcare provider's costs of resolution, achieving positive changes in policy or procedure through negotiation and maintaining integrity in the medical community. Insurance companies also benefit through reduced costs of settling legitimate cases earlier rather than at trial or in mediation on the eve of trial, after the attorneys' fees and expenses have already been incurred. It may be attractive to doctors and hospitals with innovative premium incentives to use Collaborative Practice as the first alternative, before turning to litigation. Collaborative Practice offers the parties to a healthcare conflict a process that is designed to be less expensive, faster, less taxing on resources and more mindful of preserving relationships than litigation. Collaborative Practice by design focuses immediately on resolution through negotiation; on meeting the real interests and needs of the parties. This is different from litigation, an adversarial, positional process which is designed to prepare for resolution by trial. Every minute and every part of the Collaborative process is spent on reaching settlement and resolution. Collaborative Practice brings the disputing parties to the table where, with the assistance and advocacy of their collaborative lawyers, clients take an active role in negotiation, problem-solving and creating their own solutions. The resulting agreements are tailored to meet the business needs of the parties involved. Further, because it is not adversarial in nature, Collaborative Practice utilizes resources more effectively. Rather than each party having to hire its own experts, the Collaborative process is designed for the parties to use independent and neutral experts whose purpose is to become professional resources who serve the needs of both parties as well as the process of resolution. Now you have a choice. Collaborative Practice can be effectively utilized in healthcare disputes involving patients and their families, vendors, insurance companies, other medical professionals and other healthcare-related conflicts. www.collaborativepractice.com International Academy of Collaborative Professionals
  10. 10. COLLABORATIVE PRACTICE IN PROBATE DISPUTES The incapacity or death of a loved one too often becomes a declaration of war among family members and others. Unfortunately, when probate disputes rise to a level of adversarial and positional litigation, they often result in staggering losses of family resources and relationships. Assets and resources are depleted and families become embroiled in a lengthy and expensive legal process. Parties in a probate dispute have options that may be better suited to meeting their interests and needs than traditional litigation. Collaborative Practice is one of these options. Collaborative Practice offers a mutually respectful, solutions-oriented option, one that the parties control rather than the courts. Collaborative Practice offers a process that is designed to be less expensive, faster, less taxing on resources and more mindful of preserving relationships than litigation. Collaborative Practice, by design, focuses immediately on resolution through negotiation; on meeting the real interests and needs of the parties. This is different from litigation, an adversarial, positional process which is designed to prepare for resolution by trial. Using a team approach, the parties and their lawyers, and when appropriate and beneficial, independent financial experts and communication coaches, work together to resolve issues and find solutions that are best suited to the needs of each party involved in the matter. The litigation process has often been shown to be ineffective at serving the needs of a family struggling through probate matters. It is a process that can often be expensive, in which delays are inherent and which takes its toll on family relationships. Now you have a choice. The choice is one that focuses on settlement by design, a process in which all efforts are geared from the outset on coming up with the best solutions for the parties, rather than an adversarial positional battle. That choice is Collaborative Practice. Collaborative Practice can be effectively utilized in probate matters including will and estate contests, guardianship and conservatorship disputes and other forms of probate conflicts. www.collaborativepractice.com International Academy of Collaborative Professionals
  11. 11. COLLABORATIVE PRACTICE AT A GLANCE: • Reduces financial, time and emotional costs. • Avoids going to court. • Helps to maintain important relationships. • Protects confidentiality and privacy. • Keeps control of the process with the parties. • Encourages mutual respect. • Provides for open communication. • Utilizes a problem-solving approach. • Identifies and addresses interests and concerns of all. CPPIL is dedicated to expanding Collaborative Practice throughout Illinois by connecting trained professionals to each other and to the clients who can benefit from using CP in matters from Business disputes to Divorce to Probate. C C O L L A B O R AT I V E P R AC T I C E Resolving Disputes Respectfully. www.collaborativepractice.com International Academy of Collaborative Professionals

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